Paid Leave Resources (Updated 6/2017)

Family and Medical Leave Act of 1993 (FMLA)

What is it?
FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Eligible employees are entitled to 12 work-weeks of leave in a 12 month period for: the birth of a child and to care for the newborn; the placement with the employee of a child for adoption or foster care; to care for the employee's spouse, child or parent who has a serious health condition; a serious health condition that makes the employee unable to perform the essential functions of their job; or any qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent is a covered military member on "covered active duty". Eligible employees may take 26 work-weeks of leave during a single 12 month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin.

Do I qualify?
Eligible employees must have worked for their employer for at least 12 months prior to requesting the leave. They must also have worked at least 1,250 hours in those 12 months. The employer must also be eligible to let you use the privilege, which means it must have at least 50 employees who work within 75 miles of its location. To check, you can consult with your employer's Human Resources or call the U.S. Department of Labor's Wage and Hour Division at (866) 487-9243.

How do I apply?
You must give your employer 30 days of advance notice. If the nature of a health condition makes advance notice impossible, whether it is because you cannot predict exactly when the leave will be needed or because of a medical emergency, you must still inform your employer as soon as is practical. Regardless of whether your leave is anticipated or not, you must still follow your employer’s usual requirements for requesting leave unless there are unusual circumstances.

If you have more questions, you can read the National Partnership for Women & Families' comprehensive guide on the FMLA.

Philadelphia Earned Sick Days Law **only for Philadelphia residents**

What is it?
This law states that, if you work more than 40 hours per year in the county of Philadelphia, for a business with ten or more employees, you can qualify to earn up to 40 hours of paid sick time per year to care for yourself or your family. You earn one hour of sick time for every 40 hours you work, whether you are a full-time or part-time employee.

Do I qualify?
If you work for a business with nine or fewer employees, you can earn up to 40 hours of unpaid sick time per year.

Some workers are not covered by this legislation, including: union members; independent contractors; temporary, short-term, or seasonal workers (less than six months); adjunct professors; interns; "pool" workers; and state or federal employees.

How do I apply?
Inform your employer as soon as is practical. Make sure you know your rights, and what your employer is required to provide for you.

For more information, click here for Worker FAQs and here for Employer FAQs.

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